88R3541 KSD-D
By: Muñoz, Jr. H.B. No. 2368
A BILL TO BE ENTITLED
AN ACT
relating to requirements for certain skills development fund grant
proposals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 303, Labor Code, is amended by adding
Section 303.0032 to read as follows:
Sec. 303.0032. REQUIREMENTS FOR CERTAIN GRANT PROPOSALS.
(a) In this section, "public junior college" and "public technical
institute" have the meanings assigned by Section 61.003, Education
Code.
(b) Any requirements adopted by the commission with respect
to a grant proposal by an employer or trade union and a public
junior college, a public technical institute, or the Texas A&M
Engineering Extension Service for a skills development fund grant
for a customized training project or other appropriate use of the
fund must include a requirement that the employer or trade union and
the college, institute, or service, as applicable, submit to the
commission a written agreement outlining each entity's respective
roles and duties if the grant is awarded, including:
(1) the duty of the college, institute, or service to:
(A) meet grant administration requirements in
accordance with commission rule;
(B) develop and deliver courses customized to
meet the employer's or trade union's specific business needs; and
(C) manage and maintain the confidentiality of
the employer's or trade union's training information in compliance
with federal and state law, including by not sharing the
information with any party other than the commission without the
employer's or trade union's advanced written approval; and
(2) the duty of the employer or trade union to
reimburse the college, institute, or service any amount owed by the
employer or trade union for:
(A) as calculated by the commission, failure to:
(i) retain at least 85 percent of trainees
for the 90-day period following training completion; or
(ii) pay trainees on training completion
wages equal to at least any required amount of increased wages or
the applicable prevailing wage; and
(B) as calculated by the college, institute, or
service, any costs not covered by the grant incurred by the college,
institute, or service as a result of the employer or trade union:
(i) canceling or postponing a class less
than 72 hours before the scheduled class time;
(ii) failing to send the scheduled number
of trainees to classes;
(iii) sending a trainee whose occupation is
not approved by the grant or who is otherwise not eligible to
participate in training; or
(iv) requesting make-up classes not funded
by the grant.
SECTION 2. Section 303.0032, Labor Code, as added by this
Act, applies only to a grant proposal submitted to the Texas
Workforce Commission on or after the effective date of this Act. A
proposal submitted before that date is governed by the law in effect
on the date the proposal was submitted, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.