Texas 2019 - 86th Regular

Texas House Bill HB3808 Compare Versions

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1		-	H.B. No. 3808
	1	+	By: Walle (Senate Sponsor - Powell) H.B. No. 3808
	2	+	(In the Senate - Received from the House April 26, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on Higher
	4	+	Education; May 19, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	May 19, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3808 By: Creighton
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5		-	relating to measures to facilitate the timely graduation of and
6		-	attainment of marketable skills by students in public higher
7		-	education.
	13	+	relating to the filing of a degree plan by students at public
	14	+	institutions of higher education.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9		-	SECTION 1. Subchapter Z, Chapter 51, Education Code, is
10		-	amended by adding Section 51.9358 to read as follows:
11		-	Sec. 51.9358. DESIGNATION OF SUPPORT SERVICES LIAISON
12		-	OFFICER TO ASSIST STUDENTS. (a) In this section:
13		-	(1) "Coordinating board" means the Texas Higher
14		-	Education Coordinating Board.
15		-	(2) "Institution of higher education" has the meaning
16		-	assigned by Section 61.003.
17		-	(b) Each institution of higher education shall designate at
18		-	least one employee of the institution to act as a liaison officer
19		-	for current or incoming students at the institution. The liaison
20		-	officer shall provide to the students comprehensive information
21		-	regarding support services and other resources available to the
22		-	students, including:
23		-	(1) resources to access:
24		-	(A) medical and behavioral health coverage and
25		-	services; and
26		-	(B) public benefit programs, including programs
27		-	related to food security, affordable housing, and housing
28		-	subsidies;
29		-	(2) public benefit program case management assistance
30		-	and counseling;
31		-	(3) parenting and child care resources;
32		-	(4) employment assistance;
33		-	(5) financial counseling and tax preparation
34		-	assistance;
35		-	(6) transportation assistance;
36		-	(7) student academic success strategies; and
37		-	(8) any other resources developed by the institution
38		-	to assist the students.
39		-	(c) An institution of higher education may designate under
40		-	Subsection (b) the same employee to act as liaison officer as the
41		-	employee designated under Section 51.9356 to act as liaison officer
42		-	for current and incoming students at the institution who were
43		-	formerly in the conservatorship of the Department of Family and
44		-	Protective Services.
45		-	SECTION 2. Section 51.9685(a)(2), Education Code, is
	16	+	SECTION 1. Section 51.9685(a)(2), Education Code, is
46	17		amended to read as follows:
47	18		(2) "Institution of higher education" has [and "public
48	19		junior college" have] the meaning [meanings] assigned by Section
49	20		61.003.
50		-	SECTION 3. Section 51.9685, Education Code, is amended by
51		-	amending Subsections (b), (c), and (g) to read as follows:
	21	+	SECTION 2. Section 51.9685, Education Code, is amended by
	22	+	amending Subsections (b), (c), and (g) and adding Subsection (c-2)
	23	+	to read as follows:
52	24		(b) Except as otherwise provided by Subsection (c), each
53	25		student enrolled in an associate or bachelor's degree program at an
54	26		institution of higher education shall file a degree plan with the
55		-	institution after the 12th class day but before [not later than] the
56		-	end of the [second regular] semester or term immediately following
57		-	the semester or term in which the student earned a cumulative total
58		-	of 30 [45] or more semester credit hours for coursework
59		-	successfully completed by the student, including transfer courses,
60		-	international baccalaureate courses, dual credit courses, and any
61		-	other course for which the institution the student attends has
62		-	awarded the student college course credit, including course credit
63		-	awarded by examination.
	27	+	institution before [not later than] the end of the [second regular]
	28	+	semester or term immediately following the semester or term in
	29	+	which the student earned a cumulative total of 30 [45] or more
	30	+	semester credit hours for coursework successfully completed by the
	31	+	student, including transfer courses, international baccalaureate
	32	+	courses, dual credit courses, and any other course for which the
	33	+	institution the student attends has awarded the student college
	34	+	course credit, including course credit awarded by examination.
64	35		(c) A student to whom Subsection (b) [this section] applies
65	36		who begins the student's first semester or term at an institution of
66	37		higher education with 30 [45] or more semester credit hours of
67	38		course credit for courses described by Subsection (b) shall file a
68		-	degree plan with the institution after the 12th class day but before
69		-	[not later than] the end of that [the student's second regular]
70		-	semester or term [at the institution].
	39	+	degree plan with the institution before [not later than] the end of
	40	+	that [the student's second regular] semester or term [at the
	41	+	institution].
	42	+	(c-2) A student enrolled in a dual credit course at an
	43	+	institution of higher education and to whom Subsection (b) does not
	44	+	apply shall file a degree plan with the institution not later than:
	45	+	(1) the end of the second regular semester or term
	46	+	immediately following the semester or term in which the student
	47	+	earned a cumulative total of 15 or more semester credit hours of
	48	+	course credit for dual credit courses successfully completed by the
	49	+	student; or
	50	+	(2) if the student begins the student's first semester
	51	+	or term at the institution with 15 or more semester credit hours of
	52	+	course credit for dual credit courses successfully completed by the
	53	+	student, the end of the student's second regular semester or term at
	54	+	the institution.
71	55		(g) The Texas Higher Education Coordinating Board, in
72	56		consultation with institutions of higher education, shall [may]
73	57		adopt rules as necessary for the administration of this section,
74	58		including rules to ensure compliance with this section. In
75	59		adopting those rules, the coordinating board shall use the
76	60		negotiated rulemaking procedures under Chapter 2008, Government
77	61		Code.
78		-	SECTION 4. Section 56.074, Education Code, is amended to
79		-	read as follows:
80		-	Sec. 56.074. ELIGIBLE INSTITUTION; PARTICIPATION
81		-	REQUIREMENTS. (a) An eligible institution is:
82		-	(1) an institution of higher education; or
83		-	(2) a private or independent college, university,
84		-	association, agency, institution, or facility that is located in
85		-	this state which meets program standards and accreditation
86		-	comparable to public institutions as determined by the board.
87		-	(b) To participate in the Texas college work-study program,
88		-	an eligible institution must:
89		-	(1) provide employment to an eligible student in
90		-	nonpartisan and nonsectarian activities;
91		-	(2) provide, insofar as is practicable, employment to
92		-	an eligible student that is related to the student's academic
93		-	interests;
94		-	(3) use work-study program positions only to
95		-	supplement and not supplant positions normally filled by persons
96		-	not eligible to participate in the work-study program;
97		-	(4) provide from sources other than federal college
98		-	work-study program funds a percentage of an employed student's
99		-	wages that is equal to the percentage of a student's wages that the
100		-	eligible institution would be required to provide to the student in
101		-	that academic year under the federal college work-study program;
102		-	and
103		-	(5) provide from sources other than federal college
104		-	work-study funds 100 percent of other employee benefits for the
105		-	employed student.
106		-	SECTION 5. Section 56.078, Education Code, is amended to
107		-	read as follows:
108		-	Sec. 56.078. FUNDING. Funding to cover the state's
109		-	contribution toward the funding of the work-study program under
110		-	this subchapter and the Texas WORKS internship program under
111		-	Subchapter E-1 is payable from funds appropriated for that purpose.
112		-	SECTION 6. Section 56.082, Education Code, is amended to
113		-	read as follows:
114		-	Sec. 56.082. ANNUAL REPORT. Not later than January 1 of
115		-	each year, the Texas Higher Education Coordinating Board shall
116		-	submit to the governor, the lieutenant governor, the speaker of the
117		-	house of representatives, and the standing legislative committees
118		-	with primary jurisdiction over higher education and post on the
119		-	coordinating board's Internet website a report on the Texas college
120		-	work-study program and the Texas WORKS internship program under
121		-	Subchapter E-l. The report must include the total number of
122		-	students employed through the programs [program], disaggregated
123		-	by:
124		-	(1) race, ethnicity, and gender;
125		-	(2) major and certificate or degree program;
126		-	(3) classification as a freshman, sophomore, junior,
127		-	or senior or the equivalent;
128		-	(4) enrollment in a full course load or less than a
129		-	full course load, as determined by the coordinating board;
130		-	(5) the employment position's location on or off
131		-	campus; and
132		-	(6) the employer's status as a for-profit or nonprofit
133		-	entity.
134		-	SECTION 7. Chapter 56, Education Code, is amended by adding
135		-	Subchapter E-1 to read as follows:
136		-	SUBCHAPTER E-1. TEXAS WORKING OFF-CAMPUS: REINFORCING KNOWLEDGE
137		-	AND SKILLS (WORKS) INTERNSHIP PROGRAM
138		-	Sec. 56.0851. DEFINITIONS. In this subchapter:
139		-	(1) "Coordinating board" means the Texas Higher
140		-	Education Coordinating Board.
141		-	(2) "Eligible wages" means gross wages paid to an
142		-	individual student in the student's program employment.
143		-	(3) "Program" or "Texas WORKS internship program"
144		-	means the Texas Working Off-Campus: Reinforcing Knowledge and
145		-	Skills (WORKS) Internship Program.
146		-	Sec. 56.0852. PROGRAM NAME. The student financial
147		-	assistance program authorized by this subchapter is the Texas
148		-	Working Off-Campus: Reinforcing Knowledge and Skills (WORKS)
149		-	Internship Program.
150		-	Sec. 56.0853. PURPOSE. The purpose of the program is to
151		-	provide jobs funded in part by the State of Texas to enable students
152		-	employed through the program to attend public or private
153		-	institutions of higher education in Texas while exploring career
154		-	options and strengthening marketable skills.
155		-	Sec. 56.0854. ADMINISTRATION. (a) The coordinating board
156		-	shall administer the program and collaborate with eligible
157		-	employers to provide students employed through the program with
158		-	employment funded in part by the state.
159		-	(b) The coordinating board shall establish criteria to
160		-	ensure that:
161		-	(1) a participating employer is reimbursed under the
162		-	program at the rate established by the coordinating board only for
163		-	fully paid eligible wages; and
164		-	(2) marketable skills to be strengthened or gained
165		-	through a student's internship position are identified.
166		-	(c) The coordinating board shall develop a standard
167		-	contract establishing the roles and responsibilities of eligible
168		-	employers, base wages and minimum work hours for students employed
169		-	through the program, and any other provisions identified by the
170		-	coordinating board as necessary to administer the program. The
171		-	coordinating board shall use the standard contract as a model for
172		-	the memorandum of understanding required to be entered into by
173		-	eligible employers.
174		-	(d) The coordinating board may use funds appropriated for
175		-	the Texas college work-study program and the Texas WORKS internship
176		-	program to establish and maintain an online portal for use by
177		-	students and participating entities in fulfilling their
178		-	responsibilities for participation in the Texas WORKS internship
179		-	program. The coordinating board may use funds appropriated for the
180		-	Texas college work-study program and the Texas WORKS internship
181		-	program to cover the expenses and personnel costs of administering
182		-	and assessing the Texas WORKS internship program.
183		-	(e) If funding for the program is insufficient to cover the
184		-	cost of all students eligible for the program, as provided by
185		-	coordinating board rule, priority for funding is based on
186		-	eligibility criteria established by coordinating board rule to
187		-	further the purposes of the program.
188		-	(f) Funds received by students employed through the program
189		-	as eligible wages are not considered as financial aid for the
190		-	academic year in which the funds are earned.
191		-	Sec. 56.0855. ELIGIBLE EMPLOYER. (a) The coordinating
192		-	board may enter into agreements with employers that participate in
193		-	the program.
194		-	(b) To be eligible to enter into an agreement with the
195		-	coordinating board to participate in the program, an employer must:
196		-	(1) except as provided by Subsection (c), be a private
197		-	nonprofit or for-profit entity or a governmental entity;
198		-	(2) demonstrate the administrative and financial
199		-	capacity to carry out the employer's responsibilities under the
200		-	program, including the ability to pay full wages and benefits to a
201		-	student employed through the program;
202		-	(3) enter into a memorandum of understanding with the
203		-	coordinating board;
204		-	(4) provide employment to a student employed through
205		-	the program in nonpartisan and nonsectarian activities that relate
206		-	to the student's long-term career interests;
207		-	(5) use program positions only to supplement and not
208		-	supplant positions normally filled by persons who are not eligible
209		-	to participate in the program, as provided by coordinating board
210		-	rule;
211		-	(6) provide the entirety of an employed student's
212		-	wages and employee benefits;
213		-	(7) submit eligible wages to the coordinating board
214		-	for reimbursement; and
215		-	(8) comply with other requirements adopted by the
216		-	coordinating board under this subchapter.
217		-	(c) An employer is not eligible to participate in the
218		-	program if the employer is:
219		-	(1) a public or private institution of higher
220		-	education in Texas; or
221		-	(2) a career school or college, as defined by Section
222		-	132.001.
223		-	Sec. 56.0856. ADOPTION OF RULES. (a) The coordinating
224		-	board shall adopt reasonable rules, consistent with the purpose of
225		-	the program, to enforce the requirements, conditions, and
226		-	limitations provided by this subchapter.
227		-	(b) The coordinating board shall adopt rules necessary to
228		-	ensure compliance with the Civil Rights Act of 1964, Title VI (Pub.
229		-	L. No. 88-352), concerning nondiscrimination in admissions or
230		-	employment.
231		-	Sec. 56.0857. ONLINE LIST OF TEXAS WORKS EMPLOYMENT
232		-	OPPORTUNITIES. The coordinating board shall:
233		-	(1) establish and maintain an online listing of Texas
234		-	WORKS internship program employment opportunities available to
235		-	students, sortable by employer, and include other relevant features
236		-	such as job description, job field, or skills required, as
237		-	appropriate; and
238		-	(2) ensure that the list is easily accessible to the
239		-	public through a clearly identifiable link that appears in a
240		-	prominent place on the coordinating board's Internet website.
241		-	SECTION 8. Section 130.0104(c), Education Code, is amended
	62	+	SECTION 3. Section 130.0104(c), Education Code, is amended
242	63		to read as follows:
243	64		(c) In complying with the requirements regarding the filing
244	65		of a degree plan under [Notwithstanding] Section 51.9685, [before
245	66		the beginning of the regular semester or term immediately following
246	67		the semester or term in which] a student enrolled [successfully
247	68		completes a cumulative total of 30 or more semester credit hours for
248	69		coursework] in a multidisciplinary studies associate degree
249	70		program established under this section [, the student] must meet
250	71		with an academic advisor to complete a degree plan [, as defined by
251	72		Section 51.9685(a)(1),] that:
252	73		(1) accounts for all remaining credit hours required
253	74		for the completion of the degree program; and
254	75		(2) emphasizes:
255	76		(A) the student's transition to a particular
256	77		four-year college or university that the student chooses; and
257	78		(B) preparations for the student's intended
258	79		field of study or major at the four-year college or university.
259		-	SECTION 9. Sections 51.9685(c-1) and 56.076(b), Education
260		-	Code, are repealed.
261		-	SECTION 10. (a) Except as provided by Subsection (b) of this
262		-	section, this Act applies beginning with the 2020 summer term.
263		-	(b) Section 51.9358, Education Code, as added by this Act,
264		-	and Sections 51.9685 and 130.0104, Education Code, as amended by
265		-	this Act, apply beginning with the 2019-2020 academic year.
266		-	SECTION 11. As soon as practicable after the effective date
267		-	of this Act, the commissioner of the Texas Higher Education
268		-	Coordinating Board shall develop the rules and procedures necessary
269		-	for the implementation of Subchapter E-1, Chapter 56, Education
270		-	Code, as added by this Act.
271		-	SECTION 12. This Act takes effect immediately if it
272		-	receives a vote of two-thirds of all the members elected to each
273		-	house, as provided by Section 39, Article III, Texas Constitution.
274		-	If this Act does not receive the vote necessary for immediate
275		-	effect, this Act takes effect September 1, 2019.
276		-	______________________________ ______________________________
277		-	President of the Senate Speaker of the House
278		-	I certify that H.B. No. 3808 was passed by the House on April
279		-	25, 2019, by the following vote: Yeas 126, Nays 7, 1 present, not
280		-	voting; that the House refused to concur in Senate amendments to
281		-	H.B. No. 3808 on May 24, 2019, and requested the appointment of a
282		-	conference committee to consider the differences between the two
283		-	houses; and that the House adopted the conference committee report
284		-	on H.B. No. 3808 on May 26, 2019, by the following vote: Yeas 132,
285		-	Nays 11, 1 present, not voting.
286		-	______________________________
287		-	Chief Clerk of the House
288		-	I certify that H.B. No. 3808 was passed by the Senate, with
289		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
290		-	0; at the request of the House, the Senate appointed a conference
291		-	committee to consider the differences between the two houses; and
292		-	that the Senate adopted the conference committee report on H.B. No.
293		-	3808 on May 26, 2019, by the following vote: Yeas 31, Nays 0.
294		-	______________________________
295		-	Secretary of the Senate
296		-	APPROVED: __________________
297		-	Date
298		-	__________________
299		-	Governor
	80	+	SECTION 4. Section 51.9685(c-1), Education Code, is
	81	+	repealed.
	82	+	SECTION 5. This Act applies beginning with the 2019-2020
	83	+	academic year.
	84	+	SECTION 6. This Act takes effect immediately if it receives
	85	+	a vote of two-thirds of all the members elected to each house, as
	86	+	provided by Section 39, Article III, Texas Constitution. If this
	87	+	Act does not receive the vote necessary for immediate effect, this
	88	+	Act takes effect September 1, 2019.
	89	+	* * * * *