Texas 2021 - 87th Regular

Texas House Bill HB1214 Compare Versions

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11 87R3877 KSD-D
22 By: Muñoz, Jr. H.B. No. 1214
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to requirements for certain skills development fund grant
88 proposals.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Chapter 303, Labor Code, is amended by adding
1111 Section 303.0032 to read as follows:
1212 Sec. 303.0032. REQUIREMENTS FOR CERTAIN GRANT PROPOSALS.
1313 (a) In this section, "public junior college" and "public technical
1414 institute" have the meanings assigned by Section 61.003, Education
1515 Code.
1616 (b) Any requirements adopted by the commission with respect
1717 to a grant proposal by an employer or trade union and a public
1818 junior college, a public technical institute, or the Texas A&M
1919 Engineering Extension Service for a skills development fund grant
2020 for a customized training project or other appropriate use of the
2121 fund must include a requirement that the employer or trade union and
2222 the college, institute, or service, as applicable, submit to the
2323 commission a written agreement outlining each entity's respective
2424 roles and duties if the grant is awarded, including:
2525 (1) the duty of the college, institute, or service to:
2626 (A) meet grant administration requirements in
2727 accordance with commission rule;
2828 (B) develop and deliver courses customized to
2929 meet the employer's or trade union's specific business needs; and
3030 (C) manage and maintain the confidentiality of
3131 the employer's or trade union's training information in compliance
3232 with federal and state law, including by not sharing the
3333 information with any party other than the commission without the
3434 employer's or trade union's advanced written approval; and
3535 (2) the duty of the employer or trade union to
3636 reimburse the college, institute, or service any amount owed by the
3737 employer or trade union, as calculated by the commission, for:
3838 (A) failure to:
3939 (i) retain at least 85 percent of trainees
4040 for the 90-day period following training completion; or
4141 (ii) pay trainees on training completion
4242 wages equal to at least any required amount of increased wages or
4343 the applicable prevailing wage; and
4444 (B) any costs not covered by the grant incurred
4545 by the college, institute, or service as a result of the employer or
4646 trade union:
4747 (i) cancelling or postponing a class less
4848 than 72 hours before the scheduled class time;
4949 (ii) failing to send the scheduled number
5050 of trainees to classes;
5151 (iii) sending a trainee whose occupation is
5252 not approved by the grant or who is otherwise not eligible to
5353 participate in training; or
5454 (iv) requesting make-up classes not funded
5555 by the grant.
5656 SECTION 2. Section 303.0032, Labor Code, as added by this
5757 Act, applies only to a grant proposal submitted to the Texas
5858 Workforce Commission on or after the effective date of this Act. A
5959 proposal submitted before that date is governed by the law in effect
6060 on the date the proposal was submitted, and the former law is
6161 continued in effect for that purpose.
6262 SECTION 3. This Act takes effect September 1, 2021.