1 | 1 | | 87R3877 KSD-D |
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2 | 2 | | By: Muñoz, Jr. H.B. No. 1214 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to requirements for certain skills development fund grant |
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8 | 8 | | proposals. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Chapter 303, Labor Code, is amended by adding |
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11 | 11 | | Section 303.0032 to read as follows: |
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12 | 12 | | Sec. 303.0032. REQUIREMENTS FOR CERTAIN GRANT PROPOSALS. |
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13 | 13 | | (a) In this section, "public junior college" and "public technical |
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14 | 14 | | institute" have the meanings assigned by Section 61.003, Education |
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15 | 15 | | Code. |
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16 | 16 | | (b) Any requirements adopted by the commission with respect |
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17 | 17 | | to a grant proposal by an employer or trade union and a public |
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18 | 18 | | junior college, a public technical institute, or the Texas A&M |
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19 | 19 | | Engineering Extension Service for a skills development fund grant |
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20 | 20 | | for a customized training project or other appropriate use of the |
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21 | 21 | | fund must include a requirement that the employer or trade union and |
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22 | 22 | | the college, institute, or service, as applicable, submit to the |
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23 | 23 | | commission a written agreement outlining each entity's respective |
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24 | 24 | | roles and duties if the grant is awarded, including: |
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25 | 25 | | (1) the duty of the college, institute, or service to: |
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26 | 26 | | (A) meet grant administration requirements in |
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27 | 27 | | accordance with commission rule; |
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28 | 28 | | (B) develop and deliver courses customized to |
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29 | 29 | | meet the employer's or trade union's specific business needs; and |
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30 | 30 | | (C) manage and maintain the confidentiality of |
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31 | 31 | | the employer's or trade union's training information in compliance |
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32 | 32 | | with federal and state law, including by not sharing the |
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33 | 33 | | information with any party other than the commission without the |
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34 | 34 | | employer's or trade union's advanced written approval; and |
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35 | 35 | | (2) the duty of the employer or trade union to |
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36 | 36 | | reimburse the college, institute, or service any amount owed by the |
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37 | 37 | | employer or trade union, as calculated by the commission, for: |
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38 | 38 | | (A) failure to: |
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39 | 39 | | (i) retain at least 85 percent of trainees |
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40 | 40 | | for the 90-day period following training completion; or |
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41 | 41 | | (ii) pay trainees on training completion |
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42 | 42 | | wages equal to at least any required amount of increased wages or |
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43 | 43 | | the applicable prevailing wage; and |
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44 | 44 | | (B) any costs not covered by the grant incurred |
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45 | 45 | | by the college, institute, or service as a result of the employer or |
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46 | 46 | | trade union: |
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47 | 47 | | (i) cancelling or postponing a class less |
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48 | 48 | | than 72 hours before the scheduled class time; |
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49 | 49 | | (ii) failing to send the scheduled number |
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50 | 50 | | of trainees to classes; |
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51 | 51 | | (iii) sending a trainee whose occupation is |
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52 | 52 | | not approved by the grant or who is otherwise not eligible to |
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53 | 53 | | participate in training; or |
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54 | 54 | | (iv) requesting make-up classes not funded |
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55 | 55 | | by the grant. |
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56 | 56 | | SECTION 2. Section 303.0032, Labor Code, as added by this |
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57 | 57 | | Act, applies only to a grant proposal submitted to the Texas |
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58 | 58 | | Workforce Commission on or after the effective date of this Act. A |
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59 | 59 | | proposal submitted before that date is governed by the law in effect |
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60 | 60 | | on the date the proposal was submitted, and the former law is |
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61 | 61 | | continued in effect for that purpose. |
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62 | 62 | | SECTION 3. This Act takes effect September 1, 2021. |
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