| 1 | 1 | | By: Button, et al. (Senate Sponsor - Bettencourt) H.B. No. 4390 |
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| 2 | 2 | | (In the Senate - Received from the House May 2, 2023; |
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| 3 | 3 | | May 4, 2023, read first time and referred to Committee on Natural |
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| 4 | 4 | | Resources & Economic Development; May 19, 2023, reported |
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| 5 | 5 | | adversely, with favorable Committee Substitute by the following |
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| 6 | 6 | | vote: Yeas 5, Nays 4; May 19, 2023, sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR H.B. No. 4390 By: Zaffirini |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to the Texas Industry-Recognized Apprenticeship Programs |
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| 14 | 14 | | Grant Program. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Section 302.252(1), Labor Code, is amended to |
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| 17 | 17 | | read as follows: |
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| 18 | 18 | | (1) "Industry-recognized apprenticeship program" |
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| 19 | 19 | | means a training program that [: |
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| 20 | 20 | | [(A) provides on-the-job training, preparatory |
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| 21 | 21 | | instruction, supplementary instruction, or related instruction in |
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| 22 | 22 | | an occupation that has been recognized as an apprenticeable |
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| 23 | 23 | | occupation by the Office of Apprenticeship of the United States |
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| 24 | 24 | | Department of Labor; or |
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| 25 | 25 | | [(B)] is certified by the commission as an |
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| 26 | 26 | | industry-recognized apprenticeship program [by a third-party |
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| 27 | 27 | | certifier that has received from the United States Department of |
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| 28 | 28 | | Labor a favorable determination of qualification to award that |
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| 29 | 29 | | certification]. |
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| 30 | 30 | | SECTION 2. Section 302.257, Labor Code, is amended by |
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| 31 | 31 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 32 | 32 | | follows: |
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| 33 | 33 | | (a) The commission shall adopt rules to administer and |
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| 34 | 34 | | enforce this subchapter, including rules establishing the criteria |
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| 35 | 35 | | and process for the commission to certify a training program as an |
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| 36 | 36 | | industry-recognized apprenticeship program for purposes of this |
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| 37 | 37 | | subchapter. |
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| 38 | 38 | | (a-1) The certification criteria established under |
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| 39 | 39 | | Subsection (a) must include that the training program: |
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| 40 | 40 | | (1) lead to the attainment of skills that: |
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| 41 | 41 | | (A) are customarily learned in a practical way |
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| 42 | 42 | | through a structured, systematic program of on-the-job supervised |
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| 43 | 43 | | training; and |
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| 44 | 44 | | (B) are clearly identified and commonly |
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| 45 | 45 | | recognized throughout an industry; |
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| 46 | 46 | | (2) involve manual, mechanical, or technical skills or |
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| 47 | 47 | | knowledge requiring significant on-the-job work experience; and |
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| 48 | 48 | | (3) require related instruction to supplement the |
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| 49 | 49 | | on-the-job training. |
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| 50 | 50 | | SECTION 3. As soon as practicable after the effective date |
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| 51 | 51 | | of this Act, the Texas Workforce Commission shall adopt the rules |
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| 52 | 52 | | required by Section 302.257, Labor Code, as amended by this Act. |
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| 53 | 53 | | SECTION 4. The change in law made by this Act applies only |
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| 54 | 54 | | to a grant awarded under Subchapter I, Chapter 302, Labor Code, on |
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| 55 | 55 | | or after the effective date of this Act. A grant awarded before |
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| 56 | 56 | | that date is governed by the law in effect on the date the grant was |
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| 57 | 57 | | awarded, and the former law is continued in effect for that purpose. |
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| 58 | 58 | | SECTION 5. This Act takes effect September 1, 2023. |
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| 59 | 59 | | * * * * * |
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