By: West, et al. S.B. No. 1192
(Turner of Tarrant)
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. Section 56.074, Education Code, is amended to
read as follows:
Sec. 56.074. ELIGIBLE INSTITUTION; PARTICIPATION
REQUIREMENTS. (a) An eligible institution is:
(1) an institution of higher education; or
(2) a private or independent college, university,
association, agency, institution, or facility that is located in
this state which meets program standards and accreditation
comparable to public institutions as determined by the board.
(b) To participate in the Texas college work-study program,
an eligible institution must:
(1) provide 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 work-study program positions only to
supplement and not 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 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 2. 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 3. Section 56.082, Education Code, is amended to
read as follows:
Sec. 56.082. ANNUAL REPORT. Not later than January 1 of
each year, the Texas Higher Education Coordinating Board shall
submit to the governor, the lieutenant governor, the speaker of the
house of representatives, and the standing legislative committees
with primary jurisdiction over higher education and post on the
coordinating board's Internet website a report on the Texas college
work-study program and the Texas WORKS internship program under
Subchapter E-1. The report must include the total number of
students employed through the programs [program], disaggregated
by:
(1) race, ethnicity, and gender;
(2) major and certificate or degree program;
(3) classification as a freshman, sophomore, junior,
or senior or the equivalent;
(4) enrollment in a full course load or less than a
full course load, as determined by the coordinating board;
(5) the employment position's location on or off
campus; and
(6) the employer's status as a for-profit or nonprofit
entity.
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 wages" means gross wages paid to an
individual student in the student's program employment.
(3) "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 is the Texas
Working Off-Campus: Reinforcing Knowledge and Skills (WORKS)
Internship Program.
Sec. 56.0853. PURPOSE. The purpose of the program is to
provide jobs funded in part by the State of Texas to enable students
employed through the program to attend public or private
institutions of higher education in Texas while exploring career
options and strengthening marketable skills.
Sec. 56.0854. ADMINISTRATION. (a) The coordinating board
shall administer the program and collaborate with eligible
employers to provide students employed through the program with
employment funded in part by the state.
(b) The coordinating board shall establish criteria to
ensure that:
(1) a participating employer is reimbursed under the
program at the rate established by the coordinating board only for
fully paid eligible wages; and
(2) marketable skills to be strengthened or gained
through a student's internship position are identified.
(c) The coordinating board shall develop a standard
contract establishing the roles and responsibilities of eligible
employers, base wages and minimum work hours for students employed
through the program, and any other provisions identified by the
coordinating board as necessary to administer the program. The
coordinating board shall use the standard contract as a model for
the memorandum of understanding required to be entered into by
eligible employers.
(d) 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 the Texas WORKS internship program.
(e) If funding for the program is insufficient to cover the
cost of all students eligible for the program, as provided by
coordinating board rule, priority for funding is based on
eligibility criteria established by coordinating board rule to
further the purposes of the program.
(f) Funds received by students employed through the program
as eligible wages are not considered as financial aid for the
academic year in which the funds are earned.
Sec. 56.0855. ELIGIBLE 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) except as provided by Subsection (c), be a private
nonprofit or for-profit entity or a governmental entity;
(2) demonstrate 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;
(3) enter into a memorandum of understanding with the
coordinating board;
(4) provide employment to a student employed through
the program in nonpartisan and nonsectarian activities that relate
to the student's long-term career interests;
(5) use program positions only to supplement and not
supplant positions normally filled by persons who are not eligible
to participate in the program, as provided by coordinating board
rule;
(6) provide the entirety of an employed student's
wages and employee benefits;
(7) submit eligible wages to the coordinating board
for reimbursement; and
(8) comply with other requirements adopted by the
coordinating board under this subchapter.
(c) An employer is not eligible to participate in the
program if the employer is:
(1) a public or private institution of higher
education in Texas; or
(2) a career school or college, as defined by Section
132.001.
Sec. 56.0856. ADOPTION OF RULES. (a) The coordinating
board shall adopt reasonable rules, consistent with the purpose of
the program, 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 employer, and include other relevant features
such as job description, job field, or skills required, 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.
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 term.
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.