Texas 2023 88th Regular

Texas House Bill HB4390 Analysis / Analysis

Filed 04/17/2023

                    BILL ANALYSIS             C.S.H.B. 4390     By: Button     International Relations & Economic Development     Committee Report (Substituted)             BACKGROUND AND PURPOSE    Apprenticeships are a beneficial tool in addressing skills gaps in the Texas workforce. Industry-recognized apprenticeship programs provide on-the-job experience and training that result in an industry-recognized certification and employment while allowing participants to "earn while they learn." It has been suggested that statutes relating to such programs need updating to expand apprenticeship opportunities in Texas. Current law provides for apprenticeships only for occupations recognized and programs certified by the Department of Labor for eligibility in the Texas Industry-Recognized Apprenticeship Programs Grant Program. C.S.H.B. 4390 seeks to provide the authority to the Texas Workforce Commission to adopt its own rules in determining which apprenticeships qualify for the Industry-Recognized Apprenticeship Programs Grant Program.       CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that rulemaking authority is expressly granted to the Texas Workforce Commission in SECTION 2 of this bill.       ANALYSIS    C.S.H.B. 4390 amends the Labor Code to require the Texas Workforce Commission (TWC), with respect to the Texas Industry-Recognized Apprenticeship Programs Grant Program, to adopt rules as soon as practicable after the bill's effective date establishing the criteria and process for TWC to certify a training program as an industry-recognized apprenticeship program. The certification criteria must include the following:          the training program leads to the attainment of skills that are customarily learned in a practical way through a structured, systematic program of on-the-job supervised training and are clearly identified and commonly recognized throughout an industry;          the program involves manual, mechanical, or technical skills or knowledge requiring significant on-the-job work experience; and          the program requires related instruction to supplement the on-the-job training. The bill applies only to a grant awarded under the Texas Industry-Recognized Apprenticeship Programs Grant Program on or after the bill's effective date. The bill redefines "industry-recognized apprenticeship program" to mean a training program that is certified by the commission as an industry-recognized apprenticeship program.       EFFECTIVE DATE    September 1, 2023.       COMPARISON OF INTRODUCED AND SUBSTITUTE   While C.S.H.B. 4390 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.   The substitute removes the requirement present in the introduced for the rules regarding the Texas Industry-Recognized Apprenticeship Programs Grant Program to establish which occupations are recognized by TWC as an apprenticeable occupation for purposes of the program.                   

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

C.S.H.B. 4390
By: Button
International Relations & Economic Development
Committee Report (Substituted)

C.S.H.B. 4390

By: Button

International Relations & Economic Development

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE    Apprenticeships are a beneficial tool in addressing skills gaps in the Texas workforce. Industry-recognized apprenticeship programs provide on-the-job experience and training that result in an industry-recognized certification and employment while allowing participants to "earn while they learn." It has been suggested that statutes relating to such programs need updating to expand apprenticeship opportunities in Texas. Current law provides for apprenticeships only for occupations recognized and programs certified by the Department of Labor for eligibility in the Texas Industry-Recognized Apprenticeship Programs Grant Program. C.S.H.B. 4390 seeks to provide the authority to the Texas Workforce Commission to adopt its own rules in determining which apprenticeships qualify for the Industry-Recognized Apprenticeship Programs Grant Program.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that rulemaking authority is expressly granted to the Texas Workforce Commission in SECTION 2 of this bill.
ANALYSIS    C.S.H.B. 4390 amends the Labor Code to require the Texas Workforce Commission (TWC), with respect to the Texas Industry-Recognized Apprenticeship Programs Grant Program, to adopt rules as soon as practicable after the bill's effective date establishing the criteria and process for TWC to certify a training program as an industry-recognized apprenticeship program. The certification criteria must include the following:          the training program leads to the attainment of skills that are customarily learned in a practical way through a structured, systematic program of on-the-job supervised training and are clearly identified and commonly recognized throughout an industry;          the program involves manual, mechanical, or technical skills or knowledge requiring significant on-the-job work experience; and          the program requires related instruction to supplement the on-the-job training. The bill applies only to a grant awarded under the Texas Industry-Recognized Apprenticeship Programs Grant Program on or after the bill's effective date. The bill redefines "industry-recognized apprenticeship program" to mean a training program that is certified by the commission as an industry-recognized apprenticeship program.
EFFECTIVE DATE    September 1, 2023.
COMPARISON OF INTRODUCED AND SUBSTITUTE   While C.S.H.B. 4390 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.   The substitute removes the requirement present in the introduced for the rules regarding the Texas Industry-Recognized Apprenticeship Programs Grant Program to establish which occupations are recognized by TWC as an apprenticeable occupation for purposes of the program.

BACKGROUND AND PURPOSE 

 

Apprenticeships are a beneficial tool in addressing skills gaps in the Texas workforce. Industry-recognized apprenticeship programs provide on-the-job experience and training that result in an industry-recognized certification and employment while allowing participants to "earn while they learn." It has been suggested that statutes relating to such programs need updating to expand apprenticeship opportunities in Texas. Current law provides for apprenticeships only for occupations recognized and programs certified by the Department of Labor for eligibility in the Texas Industry-Recognized Apprenticeship Programs Grant Program. C.S.H.B. 4390 seeks to provide the authority to the Texas Workforce Commission to adopt its own rules in determining which apprenticeships qualify for the Industry-Recognized Apprenticeship Programs Grant Program.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY 

 

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Workforce Commission in SECTION 2 of this bill.

 

ANALYSIS 

 

C.S.H.B. 4390 amends the Labor Code to require the Texas Workforce Commission (TWC), with respect to the Texas Industry-Recognized Apprenticeship Programs Grant Program, to adopt rules as soon as practicable after the bill's effective date establishing the criteria and process for TWC to certify a training program as an industry-recognized apprenticeship program. The certification criteria must include the following:

         the training program leads to the attainment of skills that are customarily learned in a practical way through a structured, systematic program of on-the-job supervised training and are clearly identified and commonly recognized throughout an industry;

         the program involves manual, mechanical, or technical skills or knowledge requiring significant on-the-job work experience; and

         the program requires related instruction to supplement the on-the-job training.

The bill applies only to a grant awarded under the Texas Industry-Recognized Apprenticeship Programs Grant Program on or after the bill's effective date. The bill redefines "industry-recognized apprenticeship program" to mean a training program that is certified by the commission as an industry-recognized apprenticeship program.

 

EFFECTIVE DATE 

 

September 1, 2023.

 

COMPARISON OF INTRODUCED AND SUBSTITUTE

 

While C.S.H.B. 4390 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

 

The substitute removes the requirement present in the introduced for the rules regarding the Texas Industry-Recognized Apprenticeship Programs Grant Program to establish which occupations are recognized by TWC as an apprenticeable occupation for purposes of the program.