Texas 2021 - 87th Regular

Texas House Bill HB3767 Compare Versions

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1		-	H.B. No. 3767
	1	+	By: Murphy, Oliverson, Raney H.B. No. 3767
	2	+	(Senate Sponsor - Bettencourt)
	3	+	(In the Senate - Received from the House May 17, 2021;
	4	+	May 17, 2021, read first time and referred to Committee on Higher
	5	+	Education; May 21, 2021, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	7	+	May 21, 2021, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3767 By: Springer
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to measures to support the alignment of education and
6	15		workforce development in the state with state workforce needs,
7	16		including the establishment of the Tri-Agency Workforce
8	17		Initiative.
9	18		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	19		SECTION 1. This Act shall be known as the Texas Education
11	20		and Workforce Alignment Act.
12	21		SECTION 2. Subtitle G, Title 10, Government Code, is
13	22		amended by adding Chapter 2308A to read as follows:
14	23		CHAPTER 2308A. TRI-AGENCY WORKFORCE INITIATIVE
15	24		Sec. 2308A.001. DEFINITIONS. In this chapter:
16	25		(1) "Agency," unless the context requires otherwise,
17	26		means the Texas Education Agency.
18	27		(2) "Career education and training program" means:
19	28		(A) a career and technology education program
20	29		offered by a public school;
21	30		(B) a career technical or workforce education
22	31		program, as defined by the coordinating board, offered by an
23	32		institution of higher education;
24	33		(C) a program administered by the commission
25	34		relating to jobs training, skills development, or adult education
26	35		and literacy; and
27	36		(D) a work-based learning program, such as an
28	37		apprenticeship or internship program, that receives state funding
29	38		or is administered by the commission.
30	39		(3) "Commission" means the Texas Workforce
31	40		Commission.
32	41		(4) "Coordinating board" means the Texas Higher
33	42		Education Coordinating Board.
34	43		(5) "Initiative" means the Tri-Agency Workforce
35	44		Initiative.
36	45		(6) "Institution of higher education" has the meaning
37	46		assigned by Section 61.003, Education Code.
38	47		(7) "State workforce development goals" means the
39	48		state workforce development goals developed under Section
40	49		2308A.006.
41	50		Sec. 2308A.002. PURPOSE. The Tri-Agency Workforce
42	51		Initiative is established to coordinate and improve information and
43	52		other resources as necessary to:
44	53		(1) ensure that the use of state and federal education
45	54		and workforce funds is efficiently aligned to achieve state
46	55		workforce development goals;
47	56		(2) align career education and training programs to
48	57		workforce demands; and
49	58		(3) enable local and state policy makers to identify
50	59		the workforce outcomes of participants in career education and
51	60		training programs and progress toward the state workforce
52	61		development goals.
53	62		Sec. 2308A.003. INTERAGENCY AGREEMENTS AND STAFFING. (a)
54	63		The agency, coordinating board, and commission shall enter into one
55	64		or more interagency agreements establishing policies and processes
56	65		for:
57	66		(1) sharing and matching relevant data and
58	67		cooperatively managing education and workforce information
59	68		collected by each respective agency; and
60	69		(2) coordinating the assignment of existing staff and
61	70		other resources as necessary to effectuate the state workforce
62	71		development goals and the strategies for achieving those goals
63	72		developed under Section 2308A.006.
64	73		(b) The time spent by an employee of the agency,
65	74		coordinating board, or commission in supporting the work of the
66	75		initiative is not included in calculating the number of full-time
67	76		equivalent employees allotted to the respective agency under other
68	77		law.
69	78		Sec. 2308A.004. QUARTERLY DISCUSSIONS. The commissioner of
70	79		education, commissioner of higher education, and chair of the
71	80		commission shall discuss the work of the initiative at least once
72	81		per quarter.
73	82		Sec. 2308A.005. STRATEGIC PLAN FOR UNIFIED WORKFORCE DATA
74	83		REPOSITORY. (a) The coordinating board shall develop a strategic
75	84		plan for the operation of a unified repository for education and
76	85		workforce data. In developing the plan, the coordinating board
77	86		shall solicit input from the agency, the commission, and relevant
78	87		stakeholders.
79	88		(b) The plan developed under Subsection (a) must include
80	89		recommendations for:
81	90		(1) automatically matching records of the agency,
82	91		coordinating board, and commission at the student level on a timely
83	92		basis;
84	93		(2) creating publicly available tools and resources
85	94		regarding data on the outcomes of participants in career education
86	95		and training programs, including graduation rates, student debt,
87	96		employment status and industry of employment, and earnings over
88	97		time, disaggregated to the extent practicable by income, race,
89	98		ethnicity, and gender;
90	99		(3) making timely student data available to authorized
91	100		entities to support higher education and workforce application,
92	101		entry, and success; and
93	102		(4) creating and supporting a secure portal through
94	103		which authorized personnel of approved entities can view and
95	104		analyze comprehensive longitudinal and the most currently
96	105		available matched data related to the progress toward meeting state
97	106		workforce needs.
98	107		Sec. 2308A.006. STATE WORKFORCE DEVELOPMENT GOALS AND
99	108		STRATEGIES. (a) The commissioner of education, commissioner of
100	109		higher education, and chair of the commission jointly shall develop
101	110		and post in a prominent location on the initiative's and each
102	111		respective agency's Internet website state workforce development
103	112		goals and coordinated interagency strategies for achieving those
104	113		goals.
105	114		(b) The goals developed under Subsection (a) must:
106	115		(1) be developed in consultation with employers;
107	116		(2) include goals for the attainment of employment in
108	117		jobs that pay a self-sufficient wage for all career education and
109	118		training programs in the state;
110	119		(3) be disaggregated by race, ethnicity, and gender
111	120		for each workforce development region; and
112	121		(4) provide for:
113	122		(A) locally determined priorities consistent
114	123		with state goals; and
115	124		(B) collaborative planning and coordination with
116	125		local employers, public schools, institutions of higher education,
117	126		and local workforce development boards.
118	127		(c) The strategies developed under Subsection (a) must:
119	128		(1) include strategies for expanding work-based
120	129		learning;
121	130		(2) articulate the ways in which the state can best
122	131		leverage state and federal funding for career education and
123	132		training programs; and
124	133		(3) be demonstrably guided by:
125	134		(A) education and workforce data;
126	135		(B) evidence of success and considerations of
127	136		cost-effectiveness; and
128	137		(C) prioritized occupational classifications,
129	138		including all target occupations and critical career pathways
130	139		designated under Subsection (e).
131	140		(d) In consultation with employers, the commissioner of
132	141		education, commissioner of higher education, and chair of the
133	142		commission jointly shall update the state workforce development
134	143		goals and strategies developed under Subsection (a) at least every
135	144		four years, or more frequently if needed to reflect available data
136	145		and circumstances.
137	146		(e) In consultation with employers, the commissioner of
138	147		education, commissioner of higher education, and chair of the
139	148		commission shall designate and update every two years a list of
140	149		career pathways that includes the following two priority
141	150		categories:
142	151		(1) target occupations, which include current needs
143	152		that exist in one or more regions of the state as reflected in
144	153		regional workforce assessments that:
145	154		(A) use the best available data and local
146	155		employer requests; and
147	156		(B) satisfy minimum federal standards for
148	157		designations, such as a foundation for qualified use of federal
149	158		workforce funding; and
150	159		(2) critical career pathways that reflect the best
151	160		statewide data and forecasts of skills and careers for which demand
152	161		in the state is expected to grow that may:
153	162		(A) be associated with new emerging industries or
154	163		new specialty occupations within an industry; or
155	164		(B) reflect pathways to better wages for workers
156	165		with documented skills that provide promotional opportunities
157	166		within or across occupations with targeted upskill training.
158	167		Sec. 2308A.007. CREDENTIAL LIBRARY. (a) The coordinating
159	168		board and the commission jointly may establish a publicly
160	169		accessible web-based library of credentials, such as diplomas,
161	170		certificates, certifications, digital badges, apprenticeships,
162	171		licenses, or degrees, that are:
163	172		(1) delivered, issued, funded, or governed by the
164	173		state;
165	174		(2) aligned with recognized skills and industry
166	175		standards;
167	176		(3) available to residents of the state; and
168	177		(4) used by employers in the state.
169	178		(b) The coordinating board and the commission jointly may
170	179		designate a host agency or operating entity for a credential
171	180		library established under this section.
172	181		(c) In establishing a credential library under this
173	182		section, the coordinating board and the commission shall solicit
174	183		input from the agency and relevant stakeholders.
175	184		Sec. 2308A.008. INTERNET-BASED RESOURCES. (a) Using
176	185		federal funding or gifts, grants, or donations available for the
177	186		purpose, the coordinating board may establish Internet-based
178	187		resources for the initiative. The resources may include:
179	188		(1) a central Internet website for the initiative that
180	189		contains information on the state workforce development goals and
181	190		the strategies for achieving those goals developed under Section
182	191		2308A.006;
183	192		(2) a unified dashboard, updated on an annual or more
184	193		frequent basis, that reports progress toward accomplishment of the
185	194		state workforce development goals, both statewide and
186	195		disaggregated by public school and public school campus,
187	196		institution of higher education campus, workforce region, and
188	197		county;
189	198		(3) data on the outcomes of students who participate
190	199		in career education and training programs, disaggregated to the
191	200		extent practicable by income, race, ethnicity, and gender,
192	201		including data regarding degree and credential completion,
193	202		employment status and industry of employment, and earnings over
194	203		time;
195	204		(4) guidance supporting the use of data on the
196	205		dashboard described by Subdivision (2) for greater accessibility
197	206		for a wide range of public, practitioner, and legislative users;
198	207		(5) tools enabling residents of the state to:
199	208		(A) explore careers that match the resident's
200	209		education and skills and lead to a self-sufficient wage;
201	210		(B) identify and evaluate education and training
202	211		opportunities related to the resident's career interests; and
203	212		(C) connect to available jobs through existing
204	213		job matching websites; and
205	214		(6) tools to support joint program planning,
206	215		budgeting, and performance evaluation among:
207	216		(A) the agency, coordinating board, and
208	217		commission; and
209	218		(B) public schools, institutions of higher
210	219		education, local workforce development boards, and partnering
211	220		entities.
212	221		(b) In establishing Internet-based resources for the
213	222		initiative under Subsection (a), the coordinating board shall
214	223		solicit input from the agency and the commission.
215	224		Sec. 2308A.009. STUDENT SUCCESS REPORTING. (a) Using
216	225		federal workforce funds to the extent available for the purpose,
217	226		the agency and the coordinating board shall make available to each
218	227		public school and institution of higher education information
219	228		possessed by the agency, coordinating board, or commission
220	229		regarding the success of students previously enrolled in a career
221	230		education and training program offered by the school or institution
222	231		with respect to critical student outcomes, including degree and
223	232		credential completion, employment status and industry of
224	233		employment, and earnings over time.
225	234		(b) The commissioner of education and the commissioner of
226	235		higher education shall ensure that the information made available
227	236		under Subsection (a) is made available in a manner that complies
228	237		with applicable state or federal law regarding the privacy and
229	238		confidentiality of student information.
230	239		Sec. 2308A.010. OPPORTUNITY FOR COMMENT. At least 30 days
231	240		before finalizing state workforce development goals or strategies
232	241		for achieving those goals developed under Section 2308A.006, the
233	242		agency, coordinating board, and commission jointly shall post on
234	243		the initiative's and each respective agency's Internet website the
235	244		proposed goals or strategies and instructions for submitting
236	245		comment on those items to the agencies.
237	246		Sec. 2308A.011. TARGETED FUNDING TO ADDRESS STATE GOALS.
238	247		(a) A state agency that receives funding through the Carl D. Perkins
239	248		Career and Technical Education Act of 2006 (20 U.S.C. Section 2301
240	249		et seq.) or the Workforce Innovation and Opportunity Act (Pub. L.
241	250		No. 113-128) or any other federal funding for career education and
242	251		training may, to the extent permissible under federal law, combine
243	252		with, transfer to, or delegate to another state agency that
244	253		receives such funding the agency's management of workforce-related
245	254		funding as necessary to implement the state workforce development
246	255		goals.
247	256		(b) A state agency that receives federal or state funding
248	257		for career education and training programs shall include in the
249	258		agency's legislative appropriations request a description of how
250	259		the agency's career education and training programs and
251	260		expenditures align with the state workforce development goals.
252	261		Sec. 2308A.012. SELF-SUFFICIENT WAGE. The agency,
253	262		coordinating board, and commission jointly shall determine for each
254	263		county the wage that constitutes a self-sufficient wage for
255	264		purposes of this chapter. The determination must be based on a
256	265		common standard that reflects the regionally adjusted minimum
257	266		employment earnings necessary to meet a family's basic needs while
258	267		also maintaining self-sufficiency.
259	268		Sec. 2308A.013. GIFTS, GRANTS, AND DONATIONS. (a) The
260	269		agency, coordinating board, and commission may accept gifts,
261	270		grants, and donations from any public or private source for
262	271		purposes of the initiative.
263	272		(b) The agency, coordinating board, and commission shall
264	273		investigate potential sources of funding from federal grants or
265	274		programs that may be used for purposes of the initiative.
266	275		SECTION 3. Subchapter A, Chapter 204, Labor Code, is
267	276		amended by adding Section 204.0025 to read as follows:
268		-	Sec. 204.0025. ADDITIONAL WORKFORCE DATA REPORTING. ~~It is~~
269		-	the intent of the legislature that the commission, subject to ~~the~~
270		-	availability of federal funding or other resources for the ~~purpose,~~
271		-	work with employers to enhance the reporting of employment ~~and~~
272		-	earnings data by employers to the commission as part of an
	277	+	Sec. 204.0025. ADDITIONAL WORKFORCE DATA REPORTING. (a)
	278	+	It is the intent of the legislature that the commission, subject to
	279	+	the availability of federal funding or other resources for the
	280	+	purpose, work with employers to enhance the reporting of employment
	281	+	and earnings data by employers to the commission as part of an
273	282		employer's routine wage filings under this subtitle or commission
274	283		rule and consistent with federal law and regulations. The enhanced
275	284		wage filings must include information related to occupation and
276	285		other important employment information that would improve the
277	286		state's labor market information.
	287	+	(b) Not later than January 1, 2022, the commission shall,
	288	+	using existing staff and resources, design and implement a
	289	+	voluntary pilot program for the reporting and collection of
	290	+	enhanced wage filings described by Subsection (a). To the greatest
	291	+	extent possible, the commission shall include a representative
	292	+	sample of employers in the pilot program.
	293	+	(c) Not later than September 1, 2022, the commission shall
	294	+	inform the legislature, including the standing legislative
	295	+	committees with relevant jurisdiction, regarding the results of the
	296	+	pilot program and any recommendations for legislative or other
	297	+	action.
	298	+	(d) Subsections (b) and (c) and this subsection expire
	299	+	September 1, 2023.
278	300		SECTION 4. Not later than October 1, 2021, the Texas
279	301		Education Agency, Texas Higher Education Coordinating Board, and
280	302		Texas Workforce Commission shall hold the initial discussion
281	303		required under Section 2308A.004, Government Code, as added by this
282	304		Act.
283	305		SECTION 5. (a) Not later than January 31, 2022, the Texas
284	306		Education Agency, Texas Higher Education Coordinating Board, and
285	307		Texas Workforce Commission shall develop the initial state
286	308		workforce development goals required under Section 2308A.006,
287	309		Government Code, as added by this Act.
288	310		(b) Not later than April 30, 2022, the Texas Education
289	311		Agency, Texas Higher Education Coordinating Board, and Texas
290	312		Workforce Commission shall develop the initial strategies required
291	313		under Section 2308A.006, Government Code, as added by this Act.
292	314		SECTION 6. Not later than August 1, 2022, the Texas Higher
293	315		Education Coordinating Board shall develop the strategic plan for
294	316		the operation of a unified repository for education and workforce
295	317		data required under Section 2308A.005, Government Code, as added by
296	318		this Act.
297	319		SECTION 7. (a) The Texas Education Agency and the Texas
298	320		Higher Education Coordinating Board, as applicable, are required to
299	321		implement Sections 2308A.005 and 2308A.009, Government Code, as
300	322		added by this Act, only if:
301	323		(1) the legislature appropriates funds for that
302	324		purpose; or
303	325		(2) the agencies receive gifts, grants, or donations
304	326		for that purpose under Section 2308A.013, Government Code, as added
305	327		by this Act.
306	328		(b) If funding described by Subsection (a) of this section
307	329		is not appropriated or otherwise made available for the purpose
308	330		described by that subsection, the Texas Education Agency and the
309	331		Texas Higher Education Coordinating Board, as applicable, may, but
310	332		are not required to, implement Sections 2308A.005 and 2308A.009,
311	333		Government Code, as added by this Act, using other money available
312	334		to the agencies for that purpose.
313		-	SECTION 8. The Texas Workforce Commission is required to
314		-	implement Section 204.0025, Labor Code, as added by this Act, only
315		-	if the legislature appropriates money specifically for that
316		-	purpose. If the legislature does not appropriate money specifically
317		-	for that purpose, the commission may, but is not required to,
318		-	implement that section using other appropriations available for
319		-	that purpose.
320		-	SECTION 9. This Act takes effect September 1, 2021.
321		-	______________________________ ______________________________
322		-	President of the Senate Speaker of the House
323		-	I certify that H.B. No. 3767 was passed by the House on May
324		-	14, 2021, by the following vote: Yeas 115, Nays 26, 2 present, not
325		-	voting; and that the House concurred in Senate amendments to H.B.
326		-	No. 3767 on May 28, 2021, by the following vote: Yeas 98, Nays 49,
327		-	1 present, not voting.
328		-	______________________________
329		-	Chief Clerk of the House
330		-	I certify that H.B. No. 3767 was passed by the Senate, with
331		-	amendments, on May 24, 2021, by the following vote: Yeas 30, Nays
332		-	0.
333		-	______________________________
334		-	Secretary of the Senate
335		-	APPROVED: __________________
336		-	Date
337		-	__________________
338		-	Governor
	335	+	SECTION 8. This Act takes effect September 1, 2021.
	336	+	* * * * *