By: Bell of Kaufman, et al. H.B. No. 3938
(Senate Sponsor - Powell, Hinojosa)
(In the Senate - Received from the House April 28, 2021;
May 10, 2021, read first time and referred to Committee on Natural
Resources & Economic Development; May 24, 2021, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 9, Nays 0; May 24, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3938 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the industry-based certification
advisory council and the transfer of certain duties to that
advisory council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Labor Code, is amended by
adding Chapter 312 to read as follows:
CHAPTER 312. INDUSTRY-BASED CERTIFICATION ADVISORY COUNCIL
Sec. 312.001. DEFINITION. In this chapter, "advisory
council" means the industry-based certification advisory council
established under this chapter.
Sec. 312.002. ADVISORY COUNCIL. (a) The industry-based
certification advisory council is established to advise the
commission regarding the alignment of public high school career and
technology education programs with current and future workforce
needs in communities, regions, and the state.
(b) The advisory council is composed of the following nine
members:
(1) three members representing industry in this state,
one each appointed by the governor, the lieutenant governor, and
the speaker of the house of representatives;
(2) three members representing public school teachers
who teach career and technology education courses or public school
administrators, one each appointed by the governor, the lieutenant
governor, and the speaker of the house of representatives; and
(3) three members representing a public junior
college, public state college, or public technical institute, as
those terms are defined by Section 61.003, Education Code, one each
appointed by the governor, the lieutenant governor, and the speaker
of the house of representatives.
(c) The members of the advisory council serve staggered
four-year terms, with the terms of either four or five members
expiring February 1 of each odd-numbered year.
(c-1) Notwithstanding Subsection (c), the initial members
appointed shall determine by lot which four of the nine initial
members will serve terms that expire February 1, 2023, and which
five of the nine initial members will serve terms that expire
February 1, 2025. This subsection expires January 1, 2026.
(d) A vacancy on the advisory council shall be filled in the
same manner as the original appointment for that position.
(e) A member of the advisory council is not entitled to
compensation for service as a member of the advisory council but is
entitled to reimbursement for actual and necessary travel expenses
incurred in performing functions as a member of the advisory
council, as provided in the General Appropriations Act.
(f) Using existing resources, the commission shall provide
administrative and staff support for the advisory council.
SECTION 2. Section 29.189, Education Code, is transferred
to Chapter 312, Labor Code, as added by this Act, redesignated as
Section 312.003, Labor Code, and amended to read as follows:
Sec. 312.003. [Sec. 29.189.] INVENTORY OF CREDENTIALS AND
CERTIFICATES. (a) The advisory council [In this section:
[(1) "Commission" means the Texas Workforce
Commission.
[(2) "Coordinating board" means the Texas Higher
Education Coordinating Board.
[(b) The agency, the coordinating board, and the
commission] shall [jointly] develop [and post on their respective
Internet websites] an inventory of industry-recognized credentials
and certificates that may be earned by a public high school student
through a career and technology education program and that:
(1) are aligned to state and regional workforce needs;
and
(2) serve as an entry point to middle- and high-wage
jobs.
(b) [(c)] The inventory must include for each credential or
certificate:
(1) the associated career cluster;
(2) the awarding entity;
(3) the level of education required and any additional
requirements for the credential or certificate;
(4) any fees for obtaining the credential or
certificate; and
(5) the average wage or salary for jobs that require or
prefer the credential or certificate.
(c) In developing the inventory, the advisory council may
consult with local workforce boards, the Texas Workforce Investment
Council, the Texas Economic Development and Tourism Office, and the
Texas Higher Education Coordinating Board.
(d) The advisory council shall establish a process for
developing the inventory, including the criteria for the inclusion
of a credential or certificate in the inventory.
(e) The advisory council shall annually review and revise
the inventory.
(f) Each year, [the agency, the coordinating board, and] the
commission [jointly] shall:
(1) adopt [review] and, if necessary, review [update]
the inventory; and
(2) provide a copy of the inventory to the Texas
Education Agency and to each school district and public institution
of higher education that offers a career and technology education
program to public high school students.
SECTION 3. As soon as practicable after the effective date
of this Act but not later than January 1, 2022, the industry-based
certification advisory council established under Chapter 312,
Labor Code, as added by this Act, shall develop the initial
inventory required under that chapter.
SECTION 4. 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, 2021.
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