3 | 2 | | |
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4 | 3 | | |
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5 | 4 | | A BILL TO BE ENTITLED |
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6 | 5 | | AN ACT |
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7 | 6 | | relating to the Texas college work-study program and to |
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8 | 7 | | establishing a program for the off-campus employment of certain |
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9 | 8 | | students at public or private institutions of higher education. |
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10 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 10 | | SECTION 1. Section 56.074, Education Code, is amended to |
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12 | 11 | | read as follows: |
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13 | 12 | | Sec. 56.074. ELIGIBLE INSTITUTION; PARTICIPATION |
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14 | 13 | | REQUIREMENTS. (a) An eligible institution is: |
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15 | 14 | | (1) an institution of higher education; or |
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16 | 15 | | (2) a private or independent college, university, |
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17 | 16 | | association, agency, institution, or facility that is located in |
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18 | 17 | | this state which meets program standards and accreditation |
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19 | 18 | | comparable to public institutions as determined by the board. |
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20 | 19 | | (b) To participate in the Texas college work-study program, |
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21 | 20 | | an eligible institution must: |
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22 | 21 | | (1) provide employment to an eligible student in |
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23 | 22 | | nonpartisan and nonsectarian activities; |
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24 | 23 | | (2) provide, insofar as is practicable, employment to |
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25 | 24 | | an eligible student that is related to the student's academic |
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26 | 25 | | interests; |
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27 | 26 | | (3) use work-study program positions only to |
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28 | 27 | | supplement and not supplant positions normally filled by persons |
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29 | 28 | | not eligible to participate in the work-study program; |
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30 | 29 | | (4) provide from sources other than federal college |
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31 | 30 | | work-study program funds a percentage of an employed student's |
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32 | 31 | | wages that is equal to the percentage of a student's wages that the |
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33 | 32 | | eligible institution would be required to provide to the student in |
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34 | 33 | | that academic year under the federal college work-study program; |
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35 | 34 | | and |
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36 | 35 | | (5) provide from sources other than federal college |
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37 | 36 | | work-study funds 100 percent of other employee benefits for the |
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38 | 37 | | employed student. |
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39 | 38 | | SECTION 2. Section 56.078, Education Code, is amended to |
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40 | 39 | | read as follows: |
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41 | 40 | | Sec. 56.078. FUNDING. Funding to cover the state's |
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42 | 41 | | contribution toward the funding of the work-study program under |
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43 | 42 | | this subchapter and the Texas WORKS internship program under |
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44 | 43 | | Subchapter E-1 is payable from funds appropriated for that purpose. |
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45 | 44 | | SECTION 3. Section 56.082, Education Code, is amended to |
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46 | 45 | | read as follows: |
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47 | 46 | | Sec. 56.082. ANNUAL REPORT. Not later than January 1 of |
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48 | 47 | | each year, the Texas Higher Education Coordinating Board shall |
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49 | 48 | | submit to the governor, the lieutenant governor, the speaker of the |
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50 | 49 | | house of representatives, and the standing legislative committees |
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51 | 50 | | with primary jurisdiction over higher education and post on the |
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52 | 51 | | coordinating board's Internet website a report on the Texas college |
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53 | 52 | | work-study program and the Texas WORKS internship program under |
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54 | 53 | | Subchapter E-1. The report must include the total number of |
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55 | 54 | | students employed through the programs [program], disaggregated |
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56 | 55 | | by: |
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57 | 56 | | (1) race, ethnicity, and gender; |
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58 | 57 | | (2) major and certificate or degree program; |
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59 | 58 | | (3) classification as a freshman, sophomore, junior, |
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60 | 59 | | or senior or the equivalent; |
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61 | 60 | | (4) enrollment in a full course load or less than a |
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62 | 61 | | full course load, as determined by the coordinating board; |
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63 | 62 | | (5) the employment position's location on or off |
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64 | 63 | | campus; and |
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65 | 64 | | (6) the employer's status as a for-profit or nonprofit |
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66 | 65 | | entity. |
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67 | 66 | | SECTION 4. Chapter 56, Education Code, is amended by adding |
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68 | 67 | | Subchapter E-1 to read as follows: |
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69 | 68 | | SUBCHAPTER E-1. TEXAS WORKING OFF-CAMPUS: REINFORCING KNOWLEDGE |
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70 | 69 | | AND SKILLS (WORKS) INTERNSHIP PROGRAM |
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71 | 70 | | Sec. 56.0851. DEFINITIONS. In this subchapter: |
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72 | 71 | | (1) "Coordinating board" means the Texas Higher |
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73 | 72 | | Education Coordinating Board. |
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74 | 73 | | (2) "Eligible wages" means gross wages paid to an |
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75 | 74 | | individual student in the student's program employment. |
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76 | 75 | | (3) "Program" or "Texas WORKS internship program" |
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77 | 76 | | means the Texas Working Off-Campus: Reinforcing Knowledge and |
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78 | 77 | | Skills (WORKS) Internship Program. |
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79 | 78 | | Sec. 56.0852. PROGRAM NAME. The student financial |
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80 | 79 | | assistance program authorized by this subchapter is the Texas |
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81 | 80 | | Working Off-Campus: Reinforcing Knowledge and Skills (WORKS) |
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82 | 81 | | Internship Program. |
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83 | 82 | | Sec. 56.0853. PURPOSE. The purpose of the program is to |
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84 | 83 | | provide jobs funded in part by the State of Texas to enable students |
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85 | 84 | | employed through the program to attend public or private |
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86 | 85 | | institutions of higher education in Texas while exploring career |
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87 | 86 | | options and strengthening marketable skills. |
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88 | 87 | | Sec. 56.0854. ADMINISTRATION. (a) The coordinating board |
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89 | 88 | | shall administer the program and collaborate with eligible |
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90 | 89 | | employers to provide students employed through the program with |
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91 | 90 | | employment funded in part by the state. |
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92 | 91 | | (b) The coordinating board shall establish criteria to |
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93 | 92 | | ensure that: |
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94 | 93 | | (1) a participating employer is reimbursed under the |
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95 | 94 | | program at the rate established by the coordinating board only for |
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96 | 95 | | fully paid eligible wages; and |
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97 | 96 | | (2) marketable skills to be strengthened or gained |
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98 | 97 | | through a student's internship position are identified. |
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99 | 98 | | (c) The coordinating board shall develop a standard |
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100 | 99 | | contract establishing the roles and responsibilities of eligible |
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101 | 100 | | employers, base wages and minimum work hours for students employed |
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102 | 101 | | through the program, and any other provisions identified by the |
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103 | 102 | | coordinating board as necessary to administer the program. The |
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104 | 103 | | coordinating board shall use the standard contract as a model for |
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105 | 104 | | the memorandum of understanding required to be entered into by |
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106 | 105 | | eligible employers. |
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107 | 106 | | (d) The coordinating board may use funds appropriated for |
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108 | 107 | | the Texas college work-study program and the Texas WORKS internship |
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109 | 108 | | program to establish and maintain an online portal for use by |
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110 | 109 | | students and participating entities in fulfilling their |
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111 | 110 | | responsibilities for participation in the Texas WORKS internship |
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112 | 111 | | program. The coordinating board may use funds appropriated for the |
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113 | 112 | | Texas college work-study program and the Texas WORKS internship |
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114 | 113 | | program to cover the expenses and personnel costs of administering |
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115 | 114 | | and assessing the Texas WORKS internship program. |
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116 | 115 | | (e) If funding for the program is insufficient to cover the |
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117 | 116 | | cost of all students eligible for the program, as provided by |
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118 | 117 | | coordinating board rule, priority for funding is based on |
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119 | 118 | | eligibility criteria established by coordinating board rule to |
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120 | 119 | | further the purposes of the program. |
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121 | 120 | | (f) Funds received by students employed through the program |
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122 | 121 | | as eligible wages are not considered as financial aid for the |
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123 | 122 | | academic year in which the funds are earned. |
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124 | 123 | | Sec. 56.0855. ELIGIBLE EMPLOYER. (a) The coordinating |
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125 | 124 | | board may enter into agreements with employers that participate in |
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126 | 125 | | the program. |
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127 | 126 | | (b) To be eligible to enter into an agreement with the |
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128 | 127 | | coordinating board to participate in the program, an employer must: |
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129 | 128 | | (1) except as provided by Subsection (c), be a private |
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130 | 129 | | nonprofit or for-profit entity or a governmental entity; |
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131 | 130 | | (2) demonstrate the administrative and financial |
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132 | 131 | | capacity to carry out the employer's responsibilities under the |
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133 | 132 | | program, including the ability to pay full wages and benefits to a |
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134 | 133 | | student employed through the program; |
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135 | 134 | | (3) enter into a memorandum of understanding with the |
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136 | 135 | | coordinating board; |
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137 | 136 | | (4) provide employment to a student employed through |
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138 | 137 | | the program in nonpartisan and nonsectarian activities that relate |
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139 | 138 | | to the student's long-term career interests; |
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140 | 139 | | (5) use program positions only to supplement and not |
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141 | 140 | | supplant positions normally filled by persons who are not eligible |
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142 | 141 | | to participate in the program, as provided by coordinating board |
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143 | 142 | | rule; |
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144 | 143 | | (6) provide the entirety of an employed student's |
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145 | 144 | | wages and employee benefits; |
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146 | 145 | | (7) submit eligible wages to the coordinating board |
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147 | 146 | | for reimbursement; and |
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148 | 147 | | (8) comply with other requirements adopted by the |
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149 | 148 | | coordinating board under this subchapter. |
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150 | 149 | | (c) An employer is not eligible to participate in the |
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151 | 150 | | program if the employer is: |
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152 | 151 | | (1) a public or private institution of higher |
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153 | 152 | | education in Texas; or |
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154 | 153 | | (2) a career school or college, as defined by Section |
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155 | 154 | | 132.001. |
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156 | 155 | | Sec. 56.0856. ADOPTION OF RULES. (a) The coordinating |
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157 | 156 | | board shall adopt reasonable rules, consistent with the purpose of |
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158 | 157 | | the program, to enforce the requirements, conditions, and |
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159 | 158 | | limitations provided by this subchapter. |
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160 | 159 | | (b) The coordinating board shall adopt rules necessary to |
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161 | 160 | | ensure compliance with the Civil Rights Act of 1964, Title VI (Pub. |
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162 | 161 | | L. No. 88-352), concerning nondiscrimination in admissions or |
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163 | 162 | | employment. |
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164 | 163 | | Sec. 56.0857. ONLINE LIST OF TEXAS WORKS EMPLOYMENT |
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165 | 164 | | OPPORTUNITIES. The coordinating board shall: |
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166 | 165 | | (1) establish and maintain an online listing of Texas |
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167 | 166 | | WORKS internship program employment opportunities available to |
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168 | 167 | | students, sortable by employer, and include other relevant features |
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169 | 168 | | such as job description, job field, or skills required, as |
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170 | 169 | | appropriate; and |
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171 | 170 | | (2) ensure that the list is easily accessible to the |
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172 | 171 | | public through a clearly identifiable link that appears in a |
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173 | 172 | | prominent place on the coordinating board's Internet website. |
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174 | 173 | | SECTION 5. Section 56.076(b), Education Code, is repealed. |
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175 | 174 | | SECTION 6. (a) As soon as practicable after the effective |
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176 | 175 | | date of this Act, the commissioner of the Texas Higher Education |
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177 | 176 | | Coordinating Board shall develop the rules and procedures necessary |
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178 | 177 | | for the implementation of Subchapter E-1, Chapter 56, Education |
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179 | 178 | | Code, as added by this Act. |
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180 | 179 | | (b) The changes in law made by this Act apply beginning with |
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181 | 180 | | the 2020 summer term. |
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182 | 181 | | SECTION 7. This Act takes effect immediately if it receives |
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183 | 182 | | a vote of two-thirds of all the members elected to each house, as |
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184 | 183 | | provided by Section 39, Article III, Texas Constitution. If this |
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185 | 184 | | Act does not receive the vote necessary for immediate effect, this |
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186 | 185 | | Act takes effect September 1, 2019. |
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